Solid drinks were fined more than 2.38 million yuan for pretending to be special medical milk powder

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 Solid drinks were fined more than 2.38 million yuan for pretending to be special medical milk powder


According to the contents of the circular, after the publication of the relevant reports of the Beijing News, the Market Supervision Bureau of Huangdao District of Qingdao City conducted a verification on May 14 and filed a case for investigation on May 16. After the investigation was completed, the Notice of Hearing on Administrative Penalty was delivered to Jin Dayang on July 15, and the related enterprises submitted their application for hearing to the Bureau on July 16. On July 30, the Huangdao District Market Regulatory Bureau organized a hearing according to law and fully listened to Jin Dayangs opinions.

On August 7, the Huangdao District Market Regulatory Bureau issued the Decision on Administrative Penalty to Jin Dayangs illegal activities such as food whose production and operation labels do not conform to the provisions of the Food Safety Law, and informed him that if he disagrees with the decision of punishment made by our bureau, he can maintain it by applying for administrative reconsideration or instituting administrative litigation through legal channels. Protect their legitimate rights and interests. On August 16, Jin Dayang submitted an application to the Huangdao District Market Regulatory Bureau for phased payment of fines. On August 22, Jin Dayang paid the first fine.

The Huangdao District Market Regulatory Bureau did not disclose the penalty amount in detail in the circular. However, according to the administrative penalty information disclosed by Tian Eye Check, the illegal acts of Jin Dayang are classified as false propaganda and advertising using national, highest and best terms and non-medical, pharmaceutical and medical device advertising involving disease treatment function and other violations of food safety regulations. Jin Dayang was sentenced to a warning and a fine of 2,388,265,000 yuan. Meanwhile, he was confiscated about 215,000 yuan of illegal income.

Huangdao District Market Regulatory Bureau said, The administrative penalties imposed by our bureau are clear in facts, sufficient in evidence, accurate in nature and legal in procedure, and the amount of the penalties is in line with the law.

Event Review

Since May 6, 2019, a visit by a reporter from Beijing News as a parent of allergic children found that formula powder with certain functional properties produced by Ningbo One Food Co., Ltd. and Qingdao Jindayang Dairy Co., Ltd. was sold in some hospital stores. These formula powder are solid drinks and have not obtained the registration qualification of special medical food. Among them, Jin Da Yang Te Neng Shu small peptide formula powder package marked jaundice period, hyperbilirubinemic blood syndrome jaundice nutritional support and other functional implications and claims.

On May 18, Jin Dayang announced that it would launch a recall of the Jaundice Small Peptide Formula Powder and Food Protein Allergy Amino Acids Formula Powder Series from May 15, 2017 to May 13, 2019, involving five provinces and cities in Beijing, Shanxi, Shandong, Hebei and Tianjin. The reason for the recall was that the product labels were not qualified.

On May 24, Jin Dayang cited 15 evidences in Guanwei to prove that his products, such as small peptide formula powder solid beverage in jaundice were lawful and compliant. However, Jin Dayang did not mention the key doubts about whether the related solid drinks have the qualifications of special medical food registration, whether Jin Dayang in Qingdao has the qualifications of special medical food production, and why they are sold in medical channels in the name of medical milk powder as solid drinks products.

On June 6, the State Administration of Market Supervision issued a circular on violations of laws and regulations by Ningbo Yiyi Food Co., Ltd. and Qingdao Jindayang Dairy Co., Ltd. It said that law enforcement authorities had seized 6 products, such as Jiaruibao amino acid formula powder, produced by Ningbo Yiyi Food Co., Ltd., and 2 049 packaging cans. Qingdao Jindayang Food Co., Ltd. has seized 862 cans and 182771 packaging cans of five products, such as Tenengshuan amino acid formula powder for allergic period of various food proteins produced by Qingdao Jindayang Food Co., Ltd. At the same time, the enterprise is ordered to stop production and recall, and the case is filed and investigated according to law.

In addition, in view of the words biology, medicine, science and technology, health care and high-tech contained in the name of the enterprise, as well as the common food production enterprises whose products are liable to mislead consumers and confuse with special medical food, infant formula food, health food, etc., the General Administration requests the market supervision departments of all localities to cite one example and strengthen it. Supervising and managing, normalizing the management of such false propaganda problems as common food.

Qingdao official response to solid drinks impersonating special medical milk powder: punishment of enterprises involved

The Beijing News has reported that solid drinks, posing as special medical milk powder, have sneaked into hospital stores, aiming at allergic infants and young children has aroused concern. On August 24, the Qingdao Huangdao District Market Supervision Bureau responded, saying that it attached great importance to the incident. On May 14, it inspected the related enterprise Qingdao Golden Ocean Dairy Co., Ltd. and filed a case for investigation on May 16.